| Q. |
Entering US with 1 week left on H-4 visa
My wife and kids will be traveling out of the country next month. We all have pending I-485 for more than a year but we don't have any travel document and they will be traveling with their H-4 visa.
However, on the date of their return, only one week will be left on the H-4 visa before expiring. Could this be an issue at the port of entry?
Thanks in advance.
User's Location:
Chicago, Illinois, United States of America
Category:
Employment-based Green Card
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| A. |
Inspectors usually scratch their heads when applicants for entry present documents which will give them only a few days left on authorized stay. Your situation appears even more problematic, because the H-1B principal will not be present with the derivatives.
Its not clear why all of you do not have Advance Parole if AOS/485s have been pending for over one year, which would solve many of the uncertainties.
Presumably H-1B principal will have H status renewed upon expiration.
H-4 derivatives should carry letter from employer of H1-B principal explaining that:
1) H1B principal continues to hold that status
2) family relationship continues
3) H-1B and H-4 status will be timely renewed / extended following return of H-4s from abroad
4) H-1B and H-4s are in the AOS process [485 receipts for all attached]
5) provide cell phone of company official who is available to verify at the time of arrival at Port of Entry |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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